Bill Text: CA AB1298 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public safety officers: procedural rights.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2017-07-11 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1298 Detail]

Download: California-2017-AB1298-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1298

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Introduced by Assembly Member Santiago

February 17, 2017

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An act to add Sections 3303.5 and 3303.6 to the Government Code, relating to public safety officers.

LEGISLATIVE COUNSEL'S DIGEST

AB 1298, as introduced, Santiago. Public safety officers: procedural rights.

The Pubic Safety Officers Procedural Bills of Rights requires that certain conditions be met when any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action. Existing law also governs the admissibility of testimony and evidence in these actions.

This bill would require, when any public safety officer is under investigation and subject to interrogation by his or her commanding officer, or any other member of the employing public safety department, on the allegation of making a false statement, that any administrative finding of the false statement shall require proof based on clear and convincing evidence, including corroborating evidence. The bill would also prohibit witness testimony regarding a disciplinary hearing against a public safety officer from being received by telephone or any other electronic means.

By imposing these new evidentiary procedure requirements upon local government employers, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 3303.5 is added to the Government Code, to read:

3303.5.

 When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, on the allegation of making a false statement, an administrative finding of a false statement by that public safety officer shall require proof based on clear and convincing evidence, including corroborating evidence.

SEC. 2.

 Section 3303.6 is added to the Government Code, to read:

3303.6.

 No witness testimony regarding a disciplinary hearing pursuant to this chapter shall be received by telephone or any other electronic means.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.